§ 24-11-826 - Additional benefits for certain fire fighters hired prior to January 1, 1983.
24-11-826. Additional benefits for certain fire fighters hired prior to January 1, 1983.
(a) Beginning July 1, 1987, in addition to the monthly pension benefits as set forth in 24-11-801 -- 24-11-807, 24-11-809, 24-11-810, 24-11-812 -- 24-11-815, 24-11-818, 24-11-820, and 24-11-821, for those fire fighters hired prior to January 1, 1983, and who continue to work beyond their twenty-fifth year, the member shall receive at age sixty (60) and thereafter a benefit on the amount equal to one and one-fourth percent (1.25%) of final salary attached to the rank which he or she may have held in the department preceding the date of retirement multiplied by the number of years of service in excess of twenty-five (25) years, up to a maximum total benefit of seventy-five percent (75%) of final salary, provided that the maximum seventy-five percent (75%) of final salary shall no longer apply to benefits payable on April 30, 1991, and thereafter to persons retiring henceforth and to those persons who retired on or after July 1, 1987. However, in no case shall the benefit payment exceed one hundred percent (100%) of final salary.
(b) This benefit shall be payable to the member only and not to surviving spouses or dependent children.
(c) (1) For the purposes of this section, "salary" means recurring pays which are received for a regularly scheduled workweek and shall not include, except as otherwise provided in this subsection, payments for unused accrued sick leave or annual leave or the cash value of any nonrecurring or unusual remunerations.
(2) (A) The term "salary" may include the payments to those fire fighters under this section for unused accrued sick leave not to exceed ninety (90) workdays recorded on the records of the city or town as of the fire fighter's date of retirement, provided the municipality agrees by ordinance to make adequate contributions to the fund to cover the additional costs for the benefits from the increased salary and the fund is judged by an actuarial determination to be actuarially sound.
(B) The board of trustees shall determine the actuarial costs of the payments for the unused accrued sick leave to the fund.